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The Predicament And Countermeasure Of The Investigation Of Environmental Pollution Crime In China

Posted on:2020-10-06Degree:MasterType:Thesis
Country:ChinaCandidate:G DuanFull Text:PDF
GTID:2416330590982022Subject:Law
Abstract/Summary:PDF Full Text Request
With the rapid development of the social economy,driven by the maximization of interests,the occurrence of environmental crimes is experiencing a blowout increase,which has had a serious negative impact on people's health and property.The practice of sacrificing "Green mountains and Clean Water" in exchange for "Gold Mountains" has gone away with no return,and cracking down on environmental crimes has become a consensus of the people.Therefore,environmental crime detection has attracted extensive attention.This paper mainly studies the detection of environmental pollution crimes by analyzing the actual dilemma in detection of pollution environmental crimes in China,and proposing improvement measures to promote the further development of pollution environmental crime detection in China.This thesis consists of five parts.The first part is the introduction,which explains the background of the topic,the purpose and significance of the research and research methods.The second part is an overview of the basic concepts of environmental crime and its characteristics,legislative status and detection mechanism.The third part deals with the dilemma and its causes in environmental crime detection mainly through study of judicial judgment documents of environmental crimes published in China with empirical research methods to analyze the current situation of environmental pollution crime cases.In consideration of the status quo ofgrassroots investigation organs in the investigation of pollution environment crimes,the study listed four difficulties of current detection work in environmental crime investigation,including the difficulty of detection initiation,the low degree of specialization of those who carry out detection,the difficulty of proof,and the lack of identification mechanism.The reasons for these difficulties have been studied from the perspectives of weak awareness of environmental protection,the inaction of local governments,the marginalization of environmental crime detection and the lack of values in legislation and judicature.The fourth part focuses on solving the above problems from the perspective of practice by providing improvement measures from five aspects,namely,broadening the source of the clues,strengthening investigator capability development,formalizing identification system,and developing a sound coordination and control mechanism so as to provide useful reference for the investigation organs to crack the actual dilemma of environmental crime detection and improve the effectiveness of countering environmental pollution crimes.The fifth part is conclusion,in which it is proposed to shift the focus of work from combating environmental pollution crimes to the prevention of those crimes.With the combination of crime prevention and investigation,the number of crimes involving environmental pollution will be effectively reduced,thus safeguarding the protection of green mountains and blue sky and the building of a beautiful China.
Keywords/Search Tags:Environmental pollution crimes, detection, dilemma, improvement measure proposal
PDF Full Text Request
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